Apple sues NSO Group in US federal court, seeking to ban NSO from using Apple products and alleging NSO illegally targeted Apple users with surveillance tools

Apple accused NSO Group, the Israeli surveillance company, of “flagrant” violations of its software, as well as federal and state laws.

New York Times 2021-11-24 Nicole Perlroth

Discussion

@howelloneill Patrick Howell O'Neill on x
NEW: NSO Group is in crisis. Scandal and sanction torpedoed a multimillion dollar sale to France. NSO is struggling and failing to reverse US sanctions. There is over $500 million in debt. There is doubt at the highest levels about the future of NSO. https://www.technologyreview.…
@jsrailton John Scott-Railton on x
3/ NSO poked the hornet's nest for years, and @Apple wasn't satisfied with simply suing the spyware company.. Apple just pledged millions to groups working cyber surveillance... plus any damages that they extract from NSO. Apple's wrath is poetic. https://twitter.com/...
@wcathcart Will Cathcart on x
Very glad to see Apple join the effort to hold spyware companies accountable. We've long called for industry action against NSO and today's lawsuit shows that technology providers are united in fighting spyware and ensuring more security for our users. https://www.nytimes.com/...
@nelsonmrosario @nelsonmrosario on x
@OrinKerr By Apple's logic any time licensed software is hacked the licensor can sue claiming the licensor itself has been hacked. That's absurd.
@jsrailton John Scott-Railton on x
2/ Apple's lawsuit, filed moments ago in Northern California hits NSO hard. - Seeks to hold NSO & parent accountable for abuses - ALSO Requests permanent injunction banning NSO from using Apple products. Directly hits NSO's core development & biz activities. https://twitter.com/.…
@orinkerr Orin Kerr on x
According to its CFAA claim filed today, Apple thinks that when your iPhone's operating system is hacked, Apple is hacked— and it can sue— because Apple still owns the operating system on your iPhone. Hmm, seems like a pretty big stretch to me. https://www.apple.com/... https://t…
@nicoleperlroth Nicole Perlroth on x
Exclusive: Apple is SUING NSO Group and revealing new details of its methods, methods that allowed Apple to sue the company for violating its ToC's. The company is seeking DAMAGES, which it will donate to orgs like Citizen Lab that combat spyware abuse. https://www.nytimes.com/..…
@shahed Shahed Amanullah on x
Apple: “If you weaponize our software against innocent users, researchers, dissidents, activists or journalists, Apple will give you no quarter.” https://www.nytimes.com/...
@agvaryahu Avner Gvaryahu on x
Good move that will single the local industry that there's a price to be paid for using Tech as a invasive war machine https://www.nytimes.com/...
@blakereid @blakereid on x
Parting with some of my colleagues, I've largely given up on the battle for “ownership” of “our” devices. But I would love more robust and coherent public policy to enumerate the obligations and govern the behavior of the companies who distribute the products/services we use.
@kenroth Kenneth Roth on x
Apple has sued the NSO Group, the Israeli surveillance company, in US federal court seeking “to permanently prevent NSO from using any Apple software, services or devices, a move that could render the company's Pegasus spyware product worthless.” https://www.nytimes.com/... https…
@howelloneill Patrick Howell O'Neill on x
An update: The French MFA deny they were in the process of buying Pegasus. We've updated the story with the denial and added a note. With the recent Apple lawsuit, not much has changed on the ‘crisis’ front. See: https://www.nytimes.com/...
@blakereid @blakereid on x
Apple routinely ends up in a troubling liminal state between providing its users a service and selling its users devices, and this complaint tries to have it both ways. It doesn't bother me per se to have Apple stand in my shoes as a user to go after NSO, but... https://twitter.c…
@riana_crypto Riana Pfefferkorn on x
Yes, this exactly! Apple asserts a possessory interest in “your” phone by licensing - not selling - iOS to you, and by asserting that NSO trespassed upon that interest; yet Apple distanced itself from such a claim in the All Writs Act analysis in Apple v. FBI, Brooklyn edition. h…
@riana_crypto Riana Pfefferkorn on x
I'm sorry, Apple, “lawsuits against NSO Group” was my lecture six days ago, you are too late, it'll have to wait 'til next year's class. https://twitter.com/...
@riana_crypto Riana Pfefferkorn on x
next year's course will just be Apple examples “The Gang Pushes Back Against the FBI” “The Gang Sues Corellium” “The Gang Makes a PR Misstep” “The Gang Sues Israeli Spyware Makers, After Letting Facebook Do the Heavy Lifting in the Ninth Circuit Over Some Sovereign Immunity BS”
@swiftonsecurity @swiftonsecurity on x
The takedown of NSO is good, but be careful your arguments don't accidentally apply to tools that break iOS security so security researchers can see inside how the OS works. NSO's crime is human rights not breaking iPhone security.
@matthew_d_green Matthew Green on x
I hate NSO and I'm glad they're getting sued but I know I'm going to hate everything about how Apple does it.
@riana_crypto Riana Pfefferkorn on x
Weird thing about Apple v. NSO complaint: it's clearly influenced by the WhatsApp v. NSO complaint, yet relies on an “access without authorization” CFAA theory, which was rejected by the WhatsApp district court, rather than the “exceeds authorized access” theory, which succeeded.
@stroughtonsmith Steve Troughton-Smith on x
Observation from Apple's NSO complaint: Apple, curiously, completely omits any mention of App Store or lack of sideloading as a fundamental security measure of iOS. Almost as if they no longer believe they can rely on that point to remain in their favor https://www.apple.com/... …
@jsrailton John Scott-Railton on x
7/ NSO's spyware doesn't just harm human rights. It hurts tech companies. After years of spending efforts on technical means of control (e.g. patching & securing their products), big platforms have decided it was time to punch back in a different way: In court. https://twitter.co…
@malwarejake Jake Williams on x
$500 million is a ton of debt given the sanctions and the WhatsApp civil suit... https://twitter.com/...
@martin_u Martin Untersinger on x
Just made a couple calls to high-level French officials with direct knowledge. They again confirmed our (and others') reporting: France has been courted by NSO but a decision not to do business with the Israeli firm was made in late 2020 (and upheld since) https://www.lemonde.fr/…
@blakereid @blakereid on x
The undulating, convoluted notions of (non-)ownership and obligations around Apple's devices and software are a conceptual mess, and the mess has non-trivial stakes given how expensive and central to people's lives many of Apple's devices are.
@matthew_d_green Matthew Green on x
Ah yeah. Hate it. https://twitter.com/...
@bing_chris Chris Bing on x
The number of times Apple's attorneys write that Apple IOS security is the best (in the complaint) comes off as a bit cringey.
@nytimesbusiness @nytimesbusiness on x
Digital rights experts said Apple's suit threatened NSO's survival. “NSO is now poison,” said the director of Citizen Lab. “No one in their right mind will want to touch that company. ” https://www.nytimes.com/...
@blakereid @blakereid on x
Apple possesses (or at least seems to think it possesses) largely unfettered discretion to decide when it can or must exercise dominion and responsibility over the thing it still owns versus when its users are stuck holding the bag for the things they now own.
@jsrailton John Scott-Railton on x
Key detail from the @Apple v NSO lawsuit: the spyware company doesn't just hack *phone handsets* Their core biz & exploitation activity includes constant flagrant abuse of services & clouds. Like Apple's iCloud servers. Side effect: makes Apple's lawsuit a lot stronger. https://t…
@howelloneill Patrick Howell O'Neill on x
NSO has intimate ties to Israeli government leadership who use NSO as a powerful diplomatic tool. Netanyahu specifically urged on the sale of Pegasus to many neighbors including UAE as part of a broad political strategy to strengthen and normalize ties. https://www.technologyrevi…
@epro Emil Protalinski on x
There are plenty of reasons to sit out suing a spyware maker, but Apple can smell the NSO Group's blood from miles away. It also brings good PR and aligns Apple with the US government (the US sanctioned NSO earlier this month), which can't hurt in the current antitrust climate. h…
@snowden Edward Snowden on x
Reporters writing on the Apple-NSO story should understand this lawsuit would not be *possible* without the years-long investigations of @citizenlab, who are close to single-handedly responsible for uncovering the bulk of what we know about the NSO group's darkest deeds. https://…
@nicoleperlroth Nicole Perlroth on x
@SpencerDailey @Techmeme It was the unraveling of the latest Pegasus sample (courtesy of @citizenlab) that allowed them to bring suit, since it was clear they'd created 100+ fake Apple IDs (putting them in vio of iCloud Terms + Conditions) to attack accounts.
@carolecadwalla Carole Cadwalladr on x
Hurrah. This is great. @apple is also committing to telling any users who it finds have been targeted by a spyware attack. Huge blow to NSO. Huge step forward for human rights. https://twitter.com/...
@stshank Stephen Shankland on x
OK, let's see what bubbles up out of this vortex of malware, terms and conditions, international law, espionage, privacy principles, and politics. https://twitter.com/...
@matthew_d_green Matthew Green on x
Apple's suing NSO Group, and I'm here for it. https://www.apple.com/...
@nicoleperlroth Nicole Perlroth on x
Apple vs. NSO Complaint: “This action seeks redress for NSO's multiple violations of federal and state law arising out of their egregious, deliberate, and concerted efforts in 2021 to target and attack Apple customers.” https://www.apple.com/...
@backlon Dieter Bohn on x
Big news! Aside: this jurisdiction argument is incredible: “In particular, by registering for iCloud, Defendants agreed that ‘the relationship between you and Apple shall be governed by the laws of the State of California...’” https://twitter.com/...
@claritytoast Nate Anderson on x
Apple finally taking a stand against NSO Group and the state-sponsored hacking of its devices. Congrats @jsrailton and @citizenlab on the great work you have done to shine light on these threats. https://twitter.com/...
@baddcompani @baddcompani on x
Holy Shit!!! https://twitter.com/... https://twitter.com/...
@stevekovach Steve Kovach on x
NSO software has been used to hack iPhones of journalists, dissidents, enemies of the state, and possibly Jeff Bezos. https://twitter.com/...
@stevekovach Steve Kovach on x
This is a BFD. Apple suing NSO Group, a company governments have used to hack iPhones. https://www.cnbc.com/...
@caseynewton Casey Newton on x
Very good news (and good for Apple for joining this fight) https://twitter.com/...
@nicoleperlroth Nicole Perlroth on x
@RonDeibert put it best: “NSO is now poison.” It's blacklisted by the U.S. government, being sued by Facebook AND Apple, and Moody's just downgraded NSO two levels, eight levels below its investment.
@nicoleperlroth Nicole Perlroth on x
And the kicker: Apple says it will donate $10 million outright to organizations that expose and combat the abuse of government spyware. This is a huge incentive. But not enough. At some point, governments are going to have to do more.
@awinston Ali Winston on x
Not a good day for “startup nation Israel” https://www.nytimes.com/...
@nicoleperlroth Nicole Perlroth on x
The company is now at risk of defaulting on its $500 million in loan; its soon-to-be-installed CEO has quit, and NSO has opened itself up to damages, by creating more than 100 fake Apple IDs (and violating its agreement of iCloud's terms and conditions)...
@deitaone @deitaone on x
*Apple Sues NSO Group and Parent Company to ‘Curb the Abuse of State-Sponsored Spyware’ $AAPL https://twitter.com/...
@deitaone @deitaone on x
*APPLE SUES NSO GROUP $AAPL
@jsrailton John Scott-Railton on x
BREAKING NOW: @Apple just filed a major lawsuit against NSO Group. Apple also notifying some recent targets. Massive blow to the company notorious for selling spyware to dictators. And there's more... Explainer THREAD. 1/ https://www.apple.com/... https://twitter.com/...
@juanandres_gs J. A. Guerrero-Saade on x
I would like to preemptively call bullshit with the hope of being proven wrong. #AppleCares https://twitter.com/...
@jsrailton John Scott-Railton on x
4/ Notifying NSO victims is another major step. After @WhatsApp, Apple is the 2nd major company to do so. ✅Helps victims recognize what's going on ✅puts NSO's government customer base on notice: their abuses might be exposed next. https://twitter.com/...
@camillefrancois @camillefrancois on x
🆕 Apple just filed a fascinating lawsuit against NSO group. 🧵below by @jsrailton — this is a good day to celebrate the formidable impact of @RonDeibert @jsrailton & the @citizenlab research team, systematically exposing human rights abuses and holding the industry accountable htt…
@snowden Edward Snowden on x
Software giants who have seen the commercial malware targeting their users should look at this as a template for imposing consequences on this predatory industry. The “business” of human-rights-violations-as-a- service must be stamped out—before it grows. https://www.apple.com/..…
@dennisf Dennis on x
This is the OPENING LINE of @apple's suit against NSO: “Defendants are notorious hackers—amoral 21st century mercenaries who have created highly sophisticated cyber-surveillance machinery that invites routine and flagrant abuse.”
@jsrailton John Scott-Railton on x
11/ It would take a huge internal effort for a massive company to undertake any one of these: ✔Lawsuit ✔Victim Notification ✔Attribution ✔Civil society support. @apple did it all at once. There are unsung heroes in this story. Complaint: https://www.apple.com/...
@runasand Runa Sandvik on x
@Laughing_Mantis @juanandres_gs I'd love to see this happen.
@rondeibert Profdeibert on x
Apple commends the work of @AmnestyTech and @citizenlab, and notes that our disclosure of FORCEDENTRY (in this report https://citizenlab.ca/...) was critical to hunting down NSO's abuses of their infrastructure. https://twitter.com/...
@jsrailton John Scott-Railton on x
8/ I see @Apple's lawsuit as partly triggered by findings & efforts of so many of our @citizenlab peers: E.g. @AmnestyTech @accessnow @RSF_inter @EFF @pressfreedom @R3Dmx @article19org & many more. Most importantly though: the victims that bravely came forwards. Here's why...
@vickerysec Chris Vickery on x
@KimZetter I want to see a concrete list of identified individuals who were employed at and by NSO as a result of this suit (if Apple succeeds). Those individuals should not be allowed to simply set up shop under different company names or continue this kind of work elsewhere.
@laughing_mantis Greg Linares on x
@juanandres_gs How about blue teams who manage large amounts of assets with high levels of risk from state-sponsored and similar attacks? Would be absolutely great to get a direct line from Apple for threats similar to what Microsoft has had for years
@runasand Runa Sandvik on x
Great to see Apple recognize all the NSO research by @citizenlab and @AmnestyTech with words, funding, and collaboration. 🍎⚒️ https://www.apple.com/...
@taviso Tavis Ormandy on x
@runasand ... Apple always use the same strategy when security research is involved: “Promise everything, deliver nothing”.
@jsrailton John Scott-Railton on x
9/ The FORCEDENTRY zero-click exploit is prominently mentioned @apple's lawsuit. It was discovered when a spyware victim let us check their phone. This is as it should be: targets of dictatorial surveillance contributing to fighting back & helping protect us all. https://twitter.…
@rasha_abdul @rasha_abdul on x
🚨 HUGE news (again) - @Apple sues NSO Group to curb the abuse of state-sponsored spyware and announces a $10 million contribution to support cybersurveillance researchers and advocates. Cites the work of @AmnestyTech & @citizenlab 🙏🏽https://www.businessw ire.com/ ... #PegasusProj…
@kimzetter Kim Zetter on x
Never seen anything like this. Apple sues Israeli spy firm NSO Group for hacking Apple devices. “seeks to ban NSO...from further harming individuals by using Apple's products....also seeks redress for...flagrant violations of US federal and state law” https://www.apple.com/...
@arvindgunasekar Arvind Gunasekar on x
Apple sues NSO Group (Pegasus) to curb the abuse of state-sponsored spyware. “Apple is notifying the small number of users that it discovered may have been targeted by FORCEDENTRY” https://www.apple.com/...
@marwasf @marwasf on x
HUGE news! Apple today filed a lawsuit against NSO Group and its parent company to hold it accountable for the surveillance and targeting of Apple users with its Pegasus spyware. https://www.apple.com/...

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Apple sues NSO Group in US federal court, seeking to ban NSO from using Apple products and alleging NSO illegally targeted Apple users with surveillance tools

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